Last updated September 26, 2022
What does this policy cover?
This policy describes how ASG II Hospitality Holdings, LLC, trading as Actabl and its wholly-owned subsidiaries Actabl Services, LLC, ProfitSword, LLC (“ProfitSword”), FivePals, Inc. and FivePals UK Ltd. (collectively, “Alice”), Transcendent Solutions, LLC (“Transcendent”), and Hotel Effectiveness Solutions, LLC (“Hotel Effectiveness”) (collectively referred to as “Actabl”, “we” or “us” in this policy) will make use of your data when you use the website www.profitsword.com (“Website”), contact us via phone or email, request to receive marketing from us or access our services online (“Services”).
It also describes your data protection rights, including a right to object to some of the processing which Actabl carries out. More information about your rights, and how to exercise them, is set out in the “What rights do I have?” section.
What information do we collect?
We collect and process personal data about you when you interact with us and our Website, and when you use our Services. This includes:
- your name, username and password;
- email address and phone number;
- your payment and delivery details, including billing and delivery addresses and credit card details, where you make purchases from us;
- your marketing preferences, including any consents you have given us; and
- information related to the browser or device you use to access the Website or Services, such as:
- location information as provided by your device or browser, such as your device’s GPS signal or information about nearby WiFi access points;
- your Internet Protocol (IP) address, cookie identifiers, mobile advertising identifiers, and other device identifiers that are automatically assigned to your computer or device when you access the internet;
- information about your device such as browser type, operating system, and internet service provider; and
- information about your visit to our Website such as pages that you visit before and after using the services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services.
What information do we receive from third parties?
Sometimes, we receive information about you from third parties. We may also obtain information about you from other third-party services and organizations to enhance your experience.
How do we use this information, and what is the legal basis for this use?
We process this personal data for the following purposes:
- To fulfill a contract, or take steps linked to a contract: this is relevant where you make a purchase from us. This includes:
- verifying your identity;
- taking payments;
- communicating with you;
- providing customer services and arranging the delivery or other provision of products or services,
- As required by Actabl to conduct our business and pursue our legitimate interests, in particular:
- we will use your information to provide products and services you have requested, and respond to any comments or complaints you may send to us;
- we monitor use of our Website and online services, and use your information to help us monitor, improve and protect our products, content, Services and Websites, and analyse the use of the Services to understand and improve the Services and user experience and develop new Services;
- we use information you provide to personalize our Website, products or Services for you;
- if you provide a credit or debit card as payment, we also use third parties to check the validity of the sort code, account number and card number you submit in order to prevent fraud (see data sharing below);
- we monitor our Website and Services to prevent, investigate and/or report fraud, misrepresentation, security incidents, potentially prohibited or illegal activities, in accordance with applicable law;
- we use information you provide to investigate any complaints received from you or from others, about our Website or our products or Services;
- we will use data in connection with managing and enforcing legal claims, compliance, audits, accounting and administrative tasks, regulatory and investigative purposes (internal and external) as necessary (including disclosure of such information in connection with legal process or litigation) For example, we may disclose Personal Data to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims or government inquiries, and to prevent fraud and to protect and defend the rights, interests, safety, and security of Actabl, our users, or the public; and
- we use data of some individuals to invite them to take part in surveys, market research and evaluations.
- Where you give us consent:
- we will send you direct marketing in relation to our relevant products and services, or other products and services provided by us;
- provide customized content and make recommendations that would improve your experience with the Website;
- to serve you ads on our own services or elsewhere online that match your inferred interests, preferences, and characteristics;
- send you content and communications including advertisements and offers, about our own and our trusted partners’ products and services which integrate with our Services;
- we place cookies and use similar technologies in accordance with the information below and the information provided to you when those technologies are used; and
- on other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.
- For purposes which are required by law:
- In response to requests by competent public bodies, judicial authorities, government or law enforcement authorities conducting an investigation.
Withdrawing consent or otherwise objecting to direct marketing
Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests.
You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time. You can do this by following the instructions in the communication where this is an electronic message, or by contacting us using the details set out below.
Who will we share this data with, where and when?
We will share your personal data with our subsidiaries Actabl Services, LLC, ProfitSword, Alice, Hotel Effectiveness and Transcendent for their internal business purposes or to provide you with a product or service that you have requested.
Personal data will also be shared with third party service providers, who will process it on behalf of Actabl for the purposes identified above. For example, IT services, payment processing services, to market products or services or deliver ads to you, analyze activity on the Services, provide content, and help to maintain our user database and administer emails, surveys, or other communications.
For more detailed information on how we use these third-party services, please see below:
- payment processors engaged by us to securely store or handle payments information, such as credit card details. We secure these in a PCI-compliant data vault provided by an industry-leading third-party payment processor. Payment information will be used and shared only to effectuate your order and may be stored by a service provider for purposes of future orders.
- providers of email management and distribution tools – for example, if you sign up to receive Actabl newsletters or other marketing messages, we will manage the delivery of these to you using a third-party email distribution tool.
- providers of security and fraud prevention services;
- providers of data aggregation and analytics software services that enable us to effectively monitor and optimize the delivery of our services;
- data hosting companies that provide the infrastructure to host our applications, facilitate network connectivity from outside agencies and maintain our data.
Personal data may be shared with government authorities and/or law enforcement officials if required for the purposes above, if mandated by law or if required for the legal protection of our legitimate interests in compliance with applicable laws.
In the event that the business is sold or integrated with another business, we may share personal data in connection with an actual or proposed change in control, such as the sale of a website, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy. Your details will be disclosed to our advisers and any prospective or actual purchaser’s adviser and will be passed to the new or prospective owners of the business.
Where information is transferred outside the UK or EEA, such as the United States, and where this is to a stakeholder or vendor in a country that is not subject to an adequacy decision by the EU Commission or under the United Kingdom adequacy regulations, data is adequately protected by EU Commission or UK Information Commissioner approved standard contractual clauses or a vendor’s Processor Binding Corporate Rules. A copy of the relevant mechanism can be provided for your review on request to email@example.com.
If you access third-party services, such as Facebook, Google, or Twitter, through the services to login to the services or to share information about your experience on the services with others, these third-party services may be able to collect information about you, including information about your activity on our websites or through the services, and they may notify your connections on the third-party services about your use of the services, in accordance with their own privacy policies.
What are cookies?
We also use other forms of technology which serve a similar purpose to cookies and which allow us to monitor and improve our website. When we talk about cookies, this term includes these similar technologies.
What cookies do we use and what information do they collect?
- Required cookies: these cookies are required to enable core functionality. Without these cookies, services you have asked for, like identifying you while you are logged in, cannot be provided. If you disable these cookies certain parts of the website will not function for you.
- Analytics cookies: these cookies help us improve or optimize the experience we provide. They allow us to measure how visitors interact with our website and we use this information to improve the user experience and performance of our platforms. These cookies are used to collect technical information such as the number of pages visited, which parts of our website are clicked on and the length of time between clicks. For example, we use Google Analytics to better understand how customers use the Site. If you don’t want Google Analytics to be used in your browser, you can install this Google add-on: https://tools.google.com/dlpage/gaoptout?hl=en_GB.
- Advertising Cookies: we use these cookies to collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. We may share this information with other parties who help manage online advertising – please see the “Third parties” section below for more details.
How do you manage these technologies?
If you want to delete any cookies that are already on your device, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies.
To manage your cookie consent preferences, please click here.
We keep information collected from cookies for a maximum of 12 months.
What rights do I have?
You have the right to ask us for a copy of your personal data; to correct, delete or restrict (stop any active) processing of your personal data; and to obtain the personal data you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share (port) this data to another controller.
In addition, you can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing).
These rights may be limited, for example if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping.
To exercise any of these rights, you can get in touch with us using the details set out below. If you have unresolved concerns, you have the right to complain to an EU or UK data protection authority where you live, work or where you believe a breach may have occurred.
How do I get in touch with you?
We hope that we can satisfy queries you may have about the way we process your data. If you have any concerns about how we process your data, or would like to opt out of direct marketing, you can get in touch at firstname.lastname@example.org. or by writing to 333 Douglas Road, E., Oldsmar, Florida 34677.
How long will you retain my data?
We retain the Personal Data we receive as described in this Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide the Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
Where we process personal data for marketing purposes or with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your data indefinitely so that we can respect your request in future.
The data controller for your personal data will be Actabl.
If you have questions about this privacy notice or wish to contact us for any reason in relation to our personal data processing, please contact us at email@example.com.
Updates to this privacy notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.